33 U.S.C. § 906

Compensation

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(a) Time for commencement

No compensation shall be allowed for the first three days of the disability, except the benefits provided for in section 907 of this title: Provided, however, That in case the injury results in disability of more than fourteen days the compensation shall be allowed from the date of the disability.

(b) Maximum rate of compensation(1) Compensation for disability or death (other than compensation for death required by this chapter to be paid in a lump sum) shall not exceed an amount equal to 200 per centum of the applicable national average weekly wage, as determined by the Secretary under paragraph (3).(2) Compensation for total disability shall not be less than 50 per centum of the applicable national average weekly wage determined by the Secretary under paragraph (3), except that if the employee’s average weekly wages as computed under section 910 of this title are less than 50 per centum of such national average weekly wage, he shall receive his average weekly wages as compensation for total disability.(3) As soon as practicable after June 30 of each year, and in any event prior to October 1 of such year, the Secretary shall determine the national average weekly wage for the three consecutive calendar quarters ending June 30. Such determination shall be the applicable national average weekly wage for the period beginning with October 1 of that year and ending with September 30 of the next year. The initial determination under this paragraph shall be made as soon as practicable after October 27, 1972.(c) Applicability of determinations

Determinations under subsection (b)(3) with respect to a period shall apply to employees or survivors currently receiving compensation for permanent total disability or death benefits during such period, as well as those newly awarded compensation during such period.

(Mar. 4, 1927, ch. 509, § 6, 44 Stat. 1426; June 24, 1948, ch. 623, § 1, 62 Stat. 602; July 26, 1956, ch. 735, § 1, 70 Stat. 654; Pub. L. 87–87, § 1, July 14, 1961, 75 Stat. 203; Pub. L. 92–576, §§ 4, 5(a), Oct. 27, 1972, 86 Stat. 1252; Pub. L. 98–426, § 6, Sept. 28, 1984, 98 Stat. 1641.)Editorial NotesAmendments

1984—Subsec. (b)(1). Pub. L. 98–426, § 6(a), substituted provisions setting a maximum compensation for disability on death of 200 per centum of the applicable national average weekly wage as determined by the Secretary for former provisions which had set out a schedule of progressive percentages of 125 per centum or $167, whichever is greater, during the period ending September 30, 1973, 150 per centum during the period beginning October 1, 1973, and ending September 30, 1974, 175 per centum during the period beginning October 1, 1974, and ending September 30, 1975, and 200 per centum beginning October 1, 1975.

Subsecs. (c), (d). Pub. L. 98–426, § 6(b), redesignated subsec. (d) as (c) and substituted “under subsection (b)(3)” for “under this subsection”. Former subsec. (c), which had directed that the maximum rate of compensation for a nonappropriated fund instrumentality employee be equal to 66⅔ per centum of the maximum rate of basic pay established for a Federal employee in grade GS–12 by section 5332 of title 5 and the minimum rate of compensation for such an employee be equal to 66⅔ per centum of the minimum rate of basic pay established for a Federal employee in grade GS–2 by such section, was struck out.

1972—Subsec. (a). Pub. L. 92–576, § 4, substituted “fourteen days” for “twenty-eight days”.

Subsecs. (b) to (d). Pub. L. 92–576, § 5(a) added subsecs. (b) to (d) and struck out former subsec. (b) compensation for disability provisions which prescribed a $70 per week limit, a $18 per week minimum for total disability, and provided that if the employee’s average weekly wages, as computed under section 910 of this title, were less than $18 per week he should receive as compensation for total disability his average weekly wages.

1961—Subsec. (b). Pub. L. 87–87 increased limitation on compensation for disability from “$54” to “$70” per week.

1956—Subsec. (a). Act July 26, 1956, substituted “three days” for “seven days” and “twenty-eight days” for “forty-nine days”.

Subsec. (b). Act July 26, 1956, substituted “$54” for “$35”, and “$18” for “$12” in two places.

1948—Subsec. (b). Act June 24, 1948, increased maximum weekly compensation from $25 to $35 and the minimum from $9 to $12 in two places.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by section 6(a) of Pub. L. 98–426 applicable with respect to any death after Sept. 28, 1984, and amendment by section 6(b) of Pub. L. 98–426 applicable with respect to any injury, disability, or death after Sept. 28, 1984, see section 28(d), (f) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.

Effective Date of 1961 Amendment

Pub. L. 87–87, § 4, July 14, 1961, 75 Stat. 204, provided that: “The amendments made by the foregoing provisions of this Act [amending this section and sections 909 and 914 of this title] shall become effective as to injuries or death sustained on or after the date of enactment [July 14, 1961].”

Effective Date of 1956 Amendment

Act July 26, 1956, ch. 735, § 9, 70 Stat. 656, provided that: “The amendments made by the first section and sections 2, 4, and 5 of this Act [amending this section and sections 908, 909, and 914 of this title] shall be applicable only with respect to injuries and death occurring on or after the date of enactment of this Act [July 26, 1956] notwithstanding the provisions of the Act of December 2, 1942, as amended (42 U.S.C. sec. 1701 et seq.).”

Effective Date of 1948 Amendment

Act June 24, 1948, ch. 623, § 6, 62 Stat. 604, provided that: “The provisions of this Act [amending this section and sections 908, 909, 910, and 914 of this title] shall be applicable only to injuries or deaths occurring on or after the effective date hereof [June 24, 1948].”

Notes of Decisions

Cited in 67 cases, 1931–2018 · leading case: Roberts v. Sea-Land Servs., Inc., 566 U.S. 93 (2012).

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Roberts v. Sea-Land Servs., Inc., 566 U.S. 93 (2012). · cites it 9× “” 33 U. S. C. §906 (c). The LHWCA requires employers to pay benefits voluntarily, without formal administrative proceedings.”

Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor v. Elizabeth O'Keefe, 545 F.2d 337 (3rd Cir. 1976). · cites it 20× “1976), are subject to the limitations prescribed by § 6(b)(1) as amended, 33 U.S.C. § 906 (b)(1) (Supp.1976), or whether such benefits are unlimited in amount.”

Price v. Stevedoring Servs. of Am., Inc., 697 F.3d 820 (9th Cir. 2012). · cites it 4× “33 U.S.C. § 906 (b)(1). Compensation is capped at twice the applicable national average weekly wage.”

Dir., Off. of Workers' Comp. Programs v. Rasmussen, 440 U.S. 29 (1979). · cites it 6× “” 33 U. S. C. §906 (b)(1). The “applicable national average weekly wage” is determined annually by the Secretary of Labor.”

Edmonds v. Compagnie Generale Transatlantique, 443 U.S. 256 (1979). · cites it 2× “The LHWCA claimant receives two-thirds of his lost wages, free of income taxes, and adjusted periodically for inflation, 33 U. S. C. §§ 906 , 908; his medical and rehabilitation expenses are paid, § 907; and his attorney's fees are paid.”

Boroski v. Dyncorp Int'l, 662 F.3d 1197 (11th Cir. 2011). · cites it 20× “Relying on 33 U.S.C. § 906 , ICSOP based its payment of disability benefits for April 20, 2002, through September 30, 2002, on the maximum compensation rate that was in effect for that period, $966.”

Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979). · cites it 3× “Prior to the effective date of the 1974 amendments, death benefits for a surviving spouse and two children were fixed at 65 per cent of the deceased worker’s wage.”

Dir., Off. of Workers' Comp. Programs v. Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122 (1995). · cites it 2× “III The LHWCA assigns four broad areas of responsibility to the Director: (1) supervising, administering, and making *131 rules and regulations for calculation of benefits and processing of claims, 33 U. S. C. §§ 906 , 908-910, 914, 919, 930, and 939; (2) supervising,…”

Price v. Stevedoring Servs. of Am., Inc., 627 F.3d 1145 (9th Cir. 2010). · cites it 8× “29 a week), see 33 U.S.C. § 906 , the ALJ awarded Price compen- sation at the 1991 fiscal year maximum.”

Hastings v. Earth Satellite Corp., 628 F.2d 85 (D.C. Cir. 1980). · cites it 3× “The anomaly could arise because of the ceilings on awards imposed by section 6(b) of the Act, 33 U.S.C. § 906 (b) (1976). In 1974, for example, the weekly ceiling was $210.”

Wilkerson v. Ingalls Shipbuilding, Inc., 125 F.3d 904 (5th Cir. 1997). · cites it 3× “See 33 U.S.C. § 906 . Thus, on November 26,1972, the cap jumped to $167 and has been increasing with inflation ever since.”

Bernard D. Boroski v. Dyncorp Int'l, 700 F.3d 446 (11th Cir. 2012). · cites it 7× “See 33 U.S.C. § 906 (b)(3). Section 906(c) provides that determinations of the national average weekly wage: '.”

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— 33 U.S.C. § 906(b)(1) — 1 case

Wien Air Alaska v. Arant, 592 P.2d 352 (Alaska 1979). “Prior to the effective date of the 1974 amendments, death benefits for a surviving spouse and two children were fixed at 65 per cent of the deceased worker’s wage.”

— 33 U.S.C. § 906(c) — 1 case

Stevedoring Servs. of Am. v. Price, 382 F.3d 878 (9th Cir. 2004).

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